A/HRC/40/67 States may entail irreparable consequences.47 The Court’s provisional measures mandate the United States to ensure that sanctions allow for humanitarian exemptions, including medicines and medical devices; foodstuffs and agricultural commodities; and spare parts, equipment and services necessary for the safety of civil aviation. 48 The United States announced it was terminating the Treaty. 49 33. In October 2018, the United States Secretary of State said “existing exceptions, authorizations, and licensing policies for humanitarian-related transactions and safety of flight will remain in effect”. 50 The United States Department of the Treasury has issued guidance in this respect, including for third-country financial institutions.51 In the guidance, it is noted that United States sanctions law “contains explicit exceptions that allow foreign financial institutions to conduct or facilitate transactions for the sale of agricultural commodities, food, medicine, or medical devices” to the Islamic Republic of Iran “without penalty, as long as the transaction does not involve a designated entity or otherwise proscribed conduct”.52 Given that most Iranian banks are on the Department of the Treasury’s Specially Designated Nationals List, financial transactions – even for non-sanctionable trade – might prove difficult in practice. Furthermore, given the ambiguity around the application of secondary sanctions and the complexity of applying them as part of the exemptions, foreign companies and banks are likely to remain cautious in fear of repercussions by the United States.53 According to reports,54 companies exporting medical supplies to the Islamic Republic of Iran face challenges in accessing non-sanctioned banking services as well as shortages of foreign currency in the Islamic Republic of Iran, which limit the possibility of payments to foreign companies. 34. Following declarations 55 that the Society for Worldwide Interbank Financial Telecommunication (SWIFT) could be subject to sanctions, SWIFT indicated its decision to suspend some Iranian banks. Non-sanctioned Iranian financial institutions were allowed to remain on SWIFT to conduct limited transactions involving food and medicine. 56 35. The Special Rapporteur is concerned that by preventing financial transfers to the Islamic Republic of Iran, the aforementioned secondary sanctions, which target third parties, are likely to hinder the production, availability and distribution of essential medical and pharmaceutical equipment and supplies, which could potentially increase mortality rates. Similar concerns were expressed in the context of previous sanctions. 57 In September, the Syndicate of Pharmaceutical Industries noted that the Islamic Republic of Iran imported more than half of the raw material required for the production of medicines. 58 According to members of the Parliament’s Health Commission, the Islamic Republic of Iran was short of 80 pharmaceutical items59 and hospitals were experiencing shortages of medicines, medical equipment and consumer goods. 60 The Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights stated: “The current system 47 48 49 50 51 52 53 54 55 56 57 58 59 60 8 International Court of Justice, Request for the indication of provisional measures, Order, paras. 91–92, dated 3 October 2018, available at https://www.icj-cij.org/files/case-related/175/17520181003-ORD-01-00-EN.pdf. Ibid. See www.state.gov/secretary/remarks/2018/10/286417.htm. Ibid. “Clarifying guidance on humanitarian assistance and related exports to the Iranian people”, 6 February 2013, available at www.treasury.gov/resource-center/sanctions/Programs/Documents/ hum_exp_iran.pdf. Ibid., p. 4. See www.economist.com/business/2018/11/08/european-companies-will-struggle-to-defy-americaon-iran. See www.ecfr.eu/article/commentary_iran_the_case_for_protecting_humanitarian_trade. See www.state.gov/secretary/remarks/2018/11/287090.htm. See www.bloomberg.com/opinion/articles/2018-11-02/trump-s-iran-bank-cutoff-from-swift-willmake-u-s-sanctions-hurt. See A/67/327. See http://fna.ir/a0ws79. See www.isna.ir/news/97061105121/. See www.ilna.ir/fa/tiny/news-673055.